Fort Worth daily gazette. (Fort Worth, Tex.) 1882-1891, 1887-06-07
INTERSTATE COMMERCE.
Reasons for the Apparent CompIacsncy
of the Great Railroads Uader the
Interstate Commerce Law.
The Belief by no Means UncoumOn that
the Supreme Court VIII Declare
the Law Unconstitutional.
Tho Chicago and Grand Trunk Railway
Company Explains Why Il Has
Issued Mileage Tickets
INTER STATE COMMERCE..
I 70 thu - a-,~Vo


Special to the Gazette.
WASHINGTON, June 6-A matter of
great Importance which is receiving con
siderable attention and discussion is the
apparent complacency of the great rail
roads of the country under thr operation
OF the Interstate commerce law This
competency Is accounted for by fSr-
sighted expectation based upon ideas and
opinions, chief among which are the fol-
lowing:
There are numerous prominent lawyers
and able statesmen who adhere 10 the
opinion that the President had no right
to appoint the inter state commerce
commissioners without the advice and
consent of the Senate, the opinion of the
Attorney General to the contrary not
withstanding. The distinction IS that
they were new offices and should have
been filled by appointment by the Presi-
dent by and with the advice of the Sen
ate as expressly required ~ the terms of
the interstate commerce act. The OBJ
jectors contend that the President has
exceeded his constitutional power, which
power is in these terms: The President
shall nominate, and by and with the ad-
vice and consent of the Senate shall ap-
point all Officers of the United States,
whose appointments shall be established
by law. The President shall have power
to I'LL up all vacancies that may happen
during the recess OF the Senate by giving
commissions which shall expire at the
end of their mex session. Great stress
is laid upon the assertion that as the Of
fees of the interstate commerce are new
offices the President had no legal right to
fill them Withou. the legal advice and
consent of the senate; that the places
were not vacancies according TO the in
depreciation OF that word as repeatedly
given by the senate, or, even if they be
conceded 20 be vEcaLcies, they did not
happen during the recess of the senate.
They existed tWenty-seYeu days while
congress was IN session, IS tle President
approved the act to regulate commerce
on February and congress remained in
session until noon of March {.
As reminder TO the executive the act
in express terms requires that the pro-
visions relating . the appointment and
organization. Of the commission herein
provided shall take effect immediately,
but as is well known tae President did
not appoint the commission until after
Congress expired.
Another significant point in this con-
neCtiCn is that ex-senator Boutwell, ex-
presses the opinion that when the ques-
ton Of the CCnstitutionaIity Of the inter
state commerce law shall have been
brought squarely before the Supreme
court of the United States Tor adiudica-
ton, the latter will crush out the snala-
5ous, hybrid, extra legislative, extra ex-
ecutive, extra judicial tribunal, by de
caring it unconstitutional.
ONE ROAD ANSWERS ANOTHER.
WASHINGTON, June 6.-An answer was
'eceivet this morAing by the interstate
commission, from the Chicago
md Grand Trunk Railroad Company, 20
he complaint Of the Michigan Central
Railroad Company against It for selling
lckets 10 commercial travellers at lower
ate than Chst given to the public general
y. The Chicago and Grand Trunk Railroad
dmIls the sale Cf tickets and other facts
tated by the complaint = mods that
he form of tickets sold commercial tray
leTs is in the nature Of z special contract
y which the cOmDsuY is relieved from
ONE part OF the liability subject TO which
t transports other passengers, and it is
lsimed this limitation constitutes sufI-
lent reason Tor the discrimination in
aVOr of commercial travellers. 1t is also
tated that these travellers constitute a
Instinct class Of the railroad travelling
ublic, generally riding q snort distance
t time and visiting number OF places
1 business on the line OF the
Dad, often gong from one station to
mother by freight trains, and altogether
-ayeliaS yerT much more than any class
people. They also create a larger
'eigat traffic over the ro1ds by tae sales
ley make at the Places along the road.
] view of these considerations it is con-
ended that the provisions of the inter
ate Law do not spply to mileage tickets
I'D commercial agents. Substantially
lie same answer is made to a similar
1mp!aint agGint the Chicago and Grand
INK by Louis harrison.